The functions of the ZHRC are set out in terms of Section 243 (1) (a) – (k)
which include, among others, to investigate the conduct of any authority or
person, where it is alleged that any of the human rights and freedoms set
out in the Declaration of Rights has been violated by that authority or person
and to receive and consider complaints from the public and to take such
action in regard to the complaints as it considers appropriate. Furthermore,
the ZHRC can recommend the prosecution of offenders, where human
rights or freedoms have been violated.
1.2.
The Zimbabwe Human Rights Commission Act [Chapter 10:30] in Section
9, empowers the ZHRC to conduct investigations into allegations of human
rights violations.
2. Background
2.1.
This report contains the findings of the Zimbabwe Human Rights
Commission (ZHRC/Commission), pursuant to an investigation undertaken
into complaints alleging violations of human rights, in particular political
rights, and the right to personal security and freedom from torture or cruel,
inhuman or degrading treatment or punishment.
2.2.
1st and 2nd Complainants, who are members of the Youth league of the
MDC-T Political Party from Ward 23 in Chitungwiza (Unit N) lodged
complaints of allegations of assaults and vandalism of property by ZANU
PF youths from the same Ward. The complaints were referred to the ZHRC
to investigate in terms of Section 243 (1) (f) of the Constitution by a civil
society organisation known as the Counselling Services Unit.
2.3.
In determining its role in this matter, the ZHRC considered the facts of the
allegations in light of the violation of human rights in accordance with
Chapter 4 of the Declaration of Rights in the Constitution of Zimbabwe, in
particular, political rights which cover the right to join and to participate in
the activities of a political party or organisation of their choice, the right to
campaign freely and peacefully for a political party or cause, to participate
in peaceful political activity as well as the right to participate individually, or
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